| MATTER OF TINA MCMASTERS V JAMES WHITE |
| Motion No: CAF 09-02012 |
| Slip Opinion No: 2009 NY Slip Op 87269(U) |
| Decided on October 27, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, CENTRA, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-02012
DOCKET NO. V-13703-08
| MATTER OF TINA MCMASTERS, PETITIONER-APPELLANT, V JAMES WHITE,
RESPONDENT-RESPONDENT. |
The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on July 21, 2009, on the ground that appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated October 1, 2009, the notice of motion with proof of service thereof, the affirmation of Alan Birnholz, Esq., dated October 15, 2009 and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed.
Entered: October 27, 2009
PATRICIA L. MORGAN, Clerk